Bismarck weekly tribune., 1887-05-20
MUST COME DOWN.
The City Attorney Says Liquor Deal
ers Must Pay Yearly Licenses
in Advance.
And the Mayor Refuses to Approve
OF the Ordinance For
Quarterly Payments.
An Interesting Discussion.

An adjourned meeting of the city coun-
Gil was held last Monday at the city hall,
Mayor Bentley presiding. There were
present Councilmen Griffin. Healy, Robi-
dou, Little, Moorhouse, Braithwaite and
Mcdonald.
A running discussion on the go-as-you-
please plan preceded the regular business,
upon the rightof Councilman Griffin to sell
q horse at auction without taking out IL
cense.
A communication was received and read
from Paul Heinze, acknowledging the
honor of his appointment as city engi-
neer.
The communication set forth the INSULT
cheney of the salary provided by the city
for that officer, and proposed that if the
city council would raise the salary to $3.50
per month, he would accept the appoint
ment. Otherwise, he would tender his res
ignation.
On motion of Alderman Braithwaite,
the gentleman's resignation was unani-
mously accepted.
The Bismarck Loan and Trust company
submitted petition asking The council to
strike from the tax list 81, ,679 for mortgages
,doubly assessed. The petition was re-
ferred to the committee on taxes.
R.. A. Golfer submitted propositions for
sprinkling the streets of the city until the
system of water works is in operation. On
motion it was laid on the table.
Councilman Griffin submitted resolu-
ton requesting the city attorney to give
his opinion in writing to the mayor and
council as to whom licenses should be paid
and for what time they shall be given un-
der the act regulating the sale of intoxicat-
ing liquors in the city.
The resolution asking for the opinion of
the city attorney having been passed, City
Attorney Hughes expressed regret to find
there had been some misunderstanding as
to his opinion on the subject. The ordi-
nance which he drew and submitted to the
council, prior to his departure for st. Paul,
and which was adopted, expressed his full
ideas, and he has found nothing to change
his opinion since. He stated that the act
Of the legislature governing the licensing
of the sale of liquor in the city of Bis
marck contemplates that all licenses shall
the date Of their issue. that parties ap-
plying for license at the beginning of the
year are requested to pay the full amount
fixed by the council, in advance. That the
to whom license is given any bond, other
than that named in the statute, viz: "A
bond to keep an orderly house," etc. He
further stated that parties taking out IL
censes after the first of the year shall pay
prOpOrtiOnate rate in advance. In other
words, the council has no power to legis-
late generally on the subject; it's power be-
license.
The subsequent ordinance repeating Sec
tiOn three of this ordinance was then con-
sidered, and some discussion followed as to
the best method of disposing of the matter
SO as to give the original ordinance its full
effect.
Mayor Bentley solved the riddle by an
attorneys decision he would refuse to ap-
prove the subsequent ordinance, which
would leave the old ordinance stand as
passed.
Councilman Griffin moved that the reso-
luton offered by him together with the
opinion of the city attorney therein called
for be published in the TRIBUNE. Carried.
The report Of the committee on streets,
grades and additions recommending that
Ninth street be opened across the railroad
right OF way and track was approved.
The following gentlemen presented their
bonds for the sale of liquors:
c. R. Williams, with II. P. Bogue and O.
81. Beal as sureties
E. H. BLY,, with Alex Mckenzie and c. B.
Little as sureties.
G. B. Rice, with John Yegen and Thos.
McGOwan as sureties.
l.. N. Griffin, with T. w. Griffin and
Alex Mckenzie as sureties
Joseph Fox, with A. E. Beal and Jacob
DIETRICH as sureties.
On motion the consideration of the bonds
was postponed until the next meeting.
An adjournment was taken until
Wednesday next, at o'clock p. m.